Sarafin v. Commonwealth
Annotate this CaseDefendant was arrested for operating a vehicle under the influence of alcohol in violation of Va. Code Ann. 18.2-266. The arresting officer found Defendant sleeping in the driver’s seat of his vehicle, which was parked in his private driveway, with the key in the ignition. The jury returned a guilty verdict. Defendant appealed, arguing that there was insufficient evidence to support the conviction because he was not “operating” the vehicle “on a highway.” The court of appeals affirmed. The Supreme Court affirmed, holding (1) Defendant was in actual physical control of his vehicle, and therefore, under prior case law, the evidence was sufficient to conclude that he was an operator of the vehicle; and (2) section 18.2-266 contains no “on a highway” requirement for the operation of motor vehicles.
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